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Internal File# OIS 2013-06 <br />"That's her." I asked Officer Ayala if the roll call sergeant read the synopsis to all of the <br />officers and he said yes. I read the synopsis on the flyer to Officer Ayala and asked <br />him if that sounded like the same information read by the roll call sergeant and he said <br />yes. <br />I explained to Officer Ayala that I wanted to dig into his mindset at the time he chose to <br />pull the trigger. Officer Ayala said, "She's got the drop on me. She, she saw me. She's <br />going to shoot me. I'm out in the open. I've got no cover. I felt that I was vulnerable at <br />that time and I was scared for my safety. So I had to protect myself in self-defense and <br />uh , you know, neutralize that threat and stop that threat from approaching me." I <br />asked Officer Ayala if he had his weapon drawn at the time that he approached the <br />garage and he said no. I asked Officer Ayala what type of call he thought he was <br />walking into and he said a consensual encounter. <br />As Officer Ayala was pulling the trigger of his gun he began to run in a southeasterly <br />direction, toward Officer Esquivel's vehicle. As Officer Ayala was running , he had his <br />right arm extended, out to his right, firing at the east wall of the garage. Once he <br />reached Officer Esquivel's vehicle , Officer Ayala turned and was facing to the north, <br />toward Gonzalez. <br />Attorney asked Officer Ayala if he ever lost sight of Gonzalez. Officer <br />Ayala said he did lose sight of her as he looked in the direction he was running , to <br />make sure he didn't run into anything. <br />I asked Offi cer Ayala how many rounds he estimated that he fired and he said 5 to 7 <br />rounds. I asked Officer Ayala if he fired additional rounds once he reached Officer <br />Esquivel's car and he said yes. I asked Officer Ayala how many rounds did he fire in <br />the first volley and how many rounds did he fire in the second. Offi cer Ayala estimated <br />that he fired three rounds at the east wall of the garage and two additional rounds <br />once he was at the back of Officer Esquivel's unit. <br />I asked Officer Ayala if Gonzalez was standing at th e time he fired the second volley of <br />round s. Officer Ayala said Gonzal ez fell to the ground as he re ached the back of <br />Officer Esquivel 's unit. Gonzalez started reaching for something with her left arm , <br />which prompted Officer Ayala to fire the second volley of rounds . Officer Ayal a said he <br />believed Gonzalez dropped the gun as she fell and was reaching for it to engage the <br />officers with it. I asked Officer Ayala if he was in fear for his and his partner's safety <br />and he said yes. <br />I asked Officer Ayala to try to rem e mber back to wh en he fired the first rounds out of <br />his weapon . I asked Officer Ayala if he kn ew where his partner was at that time and he <br />Page 19